EB1 Green Card

The EB-1 immigrant visa category allows certain elite foreign nationals and those at the top of their field a path to obtain permanent residency in the U.S.

The EB-1 green card category is divided into 3 separate sub-categories

EB-1(A):Foreign nationals possessing ‘Extraordinary Ability’ in the sciences, arts, education, business or athletics

EB-1(B):‘Outstanding Professors or Researchers’

EB-1(C):‘Multinational Managers or Executives’

Some of the advantages of obtaining the green card through the EB-1 path include:

1. Bypassing the long and laborious labor certification process
2. The EB-1(A) Extraordinary Ability category allows for self-petitioning- no employer needed
3. Expedited Green Card with limited or no retrogression for immigrant visa numbers
4. Dependent spouse and unmarried children under 21 years can join you on the green card application

As with all individuals with green cards/lawful permanent residence, there are no restrictions on the ability to travel into and out of the U.S. if you receive an EB-1 green card.

‘Extraordinary ability’ means a level of expertise indicating that you are one of a small percentage of people who have risen to the very top of your field of endeavor.

Your Achievements must:

1. Have been demonstrated by sustained national or international acclaim and
2. Be recognized in the field through extensive documentation.

You must be a foreign national who:

1. Possesses ‘extraordinary ability’ in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation
2. Seeks to enter the U.S. to continue work in the area of ‘extraordinary ability’ and
3. Upon entry into the U.S., will prospectively substantially benefit the U.S.

Your petition for an alien of extraordinary ability must be accompanied by evidence that you have sustained national or international acclaim and that your achievements have been recognized in the field of expertise. Such evidence must include evidence of either a one-time achievement (that is, a major, internationally recognized award), or at least three of the following:

1. Documentation of receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; or
2. Documentation of your membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields; or
3. Published material about yourself in professional or major trade publications or other major media, relating to your work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation; or
4. Evidence of your participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specialization for which classification is sought; or
5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; or
6. Evidence of your authorship of scholarly articles in the field, in professional or major trade publications or other major media; or
7. Evidence of the display of your work in the field at artistic exhibitions or showcases; or
8. Evidence that you have performed in a leading or critical role for organizations or establishments that have a distinguished reputation; or
9. Evidence that you have commanded a high salary or other significantly high remuneration for services, in relation to others in the field; or
10. Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales

To qualify for an EB-1(B) green card as an ‘Outstanding Professor or Researcher’ you must be a foreign national who:

1. Is recognized internationally as ‘outstanding’ in a specific academic area

2. Possesses at least three years of experience in teaching or research in the academic area, and

The employer’s petition for an Outstanding Professor or Researcher must be accompanied by evidence that you are recognized internationally as outstanding in the academic field specified in the petition. In addition, the petitioner must submit evidence of an offer from a qualifying prospective employer of tenured or tenure-track employment (for professors) or permanent employment (which can also include tenured or tenure track positions) in the case of research positions as well as evidence that you have at least 3 years of experience in teaching or research in academic field in question.

Evidence that you are an Outstanding Professor or Researcher must include:

When determining if an applicant qualifies as an Alien of Extraordinary Ability or an Outstanding Professor or Researcher, it is not sufficient to merely meet the minimum requirement of 3 out the 10 criteria for EB-1A or 2 out the 6 criteria for EB-1B.

Once a USCIS officer determines the Beneficiary meets the minimum threshold, the USCIS officer must conduct a final merits determination where they will look at the all the evidence together, looking not only at the quantity of the evidence submitted, but the quality as well. In this 2nd step of the analysis, the officer will examine the evidence on the whole to see if the beneficiary truly qualifies for the specific EB-1 green card category.

To qualify for an EB-1(C) green card as a ‘multinational executive or manager’ you must be a foreign national who:

1. Has been employed for at least one year in an executive or managerial capacity by a firm or corporation or other legal entity or an affiliate or subsidiary thereof in the three years preceding the time of your EB-1 application or your entry to the U.S. to work within the multinational organization; and
2. Seeks to immigrate to the U.S. in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

A petition for a ‘multinational executive or manager’ must be accompanied by a statement from an authorized official of your petitioning U.S. employer which demonstrates that:

2. Your prospective employer in the U.S. is parent, subsidiary or affiliate of the firm or corporation or other legal entity by which you were employed overseas; and

3. Your prospective U.S. employer has been doing business for at least one year

There are 2 main paths to the green card- immigrant visa processing and Adjustment of Status.

If you are outside the U.S. and want to enter the U.S. as an EB-1 priority worker, you must go through the immigrant visa process or “consular processing”:

1. You or your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.
   Note: An EB-1(A) person of ‘extraordinary ability’ does not need a U.S. employer.
2. You or your employer must file the Form I-140, Petition for Alien Worker along with the evidence and documents described above.
3. Once the Form I-140 is approved by USCIS, you must obtain an immigrant visa at a U.S. Consulate or Embassy abroad. If you have a spouse and any unmarried children under 21 years of age, they may also apply for immigrant visas to accompany you to the U.S.
4. After approval of the immigrant visas, you (and your derivative dependents) may enter the U.S. and will become lawful permanent residents or “green card holders” upon entry to the U.S.

If you are in the U.S. in valid nonimmigrant status, you may follow the Adjustment of Status process:

1. You or your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.
   Note: An EB-1(A) person of ‘extraordinary ability’ does not need a U.S. employer.
2. You or your employer must file the Form I-140, Petition for Alien Worker along with the evidence and documents described above.
3. If there are visa numbers available as per the Dept. of State Visa Bulletin, you may concurrently file the Form I-485, Adjustment of Status Application with the Form I-140. Alternatively, you may file the Form I-485 at a later time or when your priority date becomes current. If your spouse and any unmarried children under 21 years of age are also in the U.S. in valid nonimmigrant status, they may also each file the Form I-485 along with you.
4. Once the Form I-140 and Form I-485(s) are approved, you will be a lawful permanent resident or “green card holder”.

Note: Individuals who are in the U.S. may opt to follow the consular processing route or the adjustment of status process.

Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and unmarried children under 21 years of age may apply for immigrant visas through consular processing if they are abroad or obtain lawful permanent residence through Adjustment of Status in the U.S.

There are several ways you can check the status of the application:

1. Check out VisaPro’s My US Visa Status tool
2. Check on U.S. Citizenship & Immigration Services’ website at Case Status Online – Case Status Search (uscis.gov)
3. Log into your MyUSCIS account

If your Form I-140, Petition for Alien Worker is denied, you may file Form I-290B, Notice of Appeal, along with the required fee at the appropriate USCIS Lockbox within 33 days of receiving the denial. Alternatively you may also refile your I-140 petition with additional evidence